Yogesh Gaur & Anr. v. The Principal District and Sessions Judge East District & Ors.

“11. …It is most pertinent to mention here that there are a number of chambers in the karkardooma court complex which are still laying vacant and unclaimed for a number of years after the death of the original allottee(s) of those chambers because of an ILLEGAL NEXUS between some corrupt and cunning nature employees serving in the General Branch, Care Taking Branch and other offices or branches responsible for administration and maintenance of the entire Court Premises including the Lawyers Chambers Block Karkardooma Courts Complex AND some non- practising advocates who are illegally occupying those vacant and unclaimed chambers and using them to run various types of unlawful activities like selling and consuming liquor organising gambling up to late night hours and commercial activities of selling and purchasing goods, selling tea and other eatables, installing Photostat Machines, Providing mobile recharging, electricity and water bill depositing facilities, etc. It is most pertinent to mention here that some of the vacant and unclaimed chambers have been given on rent to some young lawyers and the

rent is being charged, collected, extracted, received and distributed amongst them in form of money, liquor and other gift articles by those corrupt and cunning nature employees and some non- practising advocates as aforesaid. Such corrupt employees keep the concerned responsible officer or authority or The District and Sessions Judge, In-charge/ Chairperson in dark by not providing and concealing the real status of such vacant and unclaimed chambers to them rather they misguide the authority concerned by providing manipulated information based on pick and choose policy and the self-concocted story. They are letting out the said vacant and unclaimed chambers and receiving the money from them in form of rent from alleged occupiers. Therefore the eligible advocates are deprived of the chamber facility. On the other hand such occupiers are misusing the said chamber by running commercial activities as aforesaid in those chambers which are prohibited according to District Courts Karkardooma Lawyers Chamber (Allotment and Occupancy) Rules 1995 (Amended) and other relevant laws. Those vacant and unclaimed chambers are the source of their aforesaid illegal nexus members therefore they always remain active in search of an opportunity of obtaining vacant chambers so that they can keep them unclaimed one by keeping the authority concerned in dark or by misguiding them and then, on getting opportunity, they may let out those ones and receive money in form of rent or gift best suited to them time to time. On the other side, due to the above said Illegal Nexus between those corrupt employees And the non-practising Advocates as aforesaid, the multi-story Parking Area and the other Open Space available in and around the Karkardooma Court Complex is also being illegally used for running Unauthorised Chargeable Parking and committing other illegal and highly objectionable activities including selling and consuming liquor, organising gambling up to late night hours activities by Non-Advocates and Outsiders. A large number of unclaimed and abandoned vehicles can easily be found parked and scraped there which may be used to cause any unwarranted dangerous incident any time in the court premises. Similarly many unauthorised chargeable kiosks and shops for selling tea, coffee, bakery and snacks eatables and stationery items inside and around the court premises and also inside every Chamber Block on their almost each and every floor have been established and allowed to run illegally subject to payment of money, gift etc., suitable consideration to the members of the said illegal Nexus between those corrupt employees And the nonpractising Advocates as aforesaid. Those tea, coffee sellers illegally and dangerously use LPG Cylinders with gas stoves for cooking bakery or snacks items, commit water theft to clean utensils and electricity theft to use electric kettle etc., for cooking or preparing tea or coffee which cause pollution as well. They violate the Child Labour Laws by forcing minor poor children in such tea selling act. The credentials of these tea or coffee sellers and their workers are not verified at all. Hence these illegal and unauthorised activities performed by or due to the said ILLGAL NEXUS between those corrupt employees And the nonpractising Advocates as aforesaid is a serious threat to the life and assets of the practising Lawyers, court staffs, public at large and also to the judicial officers and their respective family members living in the adjacent accommodation inside the court premises. The responsible members of the Executive Committee of the Bar Association also does not want to be indulged in strictly dealing with such aforesaid illegal nexus either under the impression of vote bank policy of not to annoy any advocate voter or for the reasons best known to them which may be revealed if proper investigation is launched by the authorities concerned in accordance with law applicable to the same effect. It is most pertinent to mention here that due to the conduction of aforesaid illegal activities in the entire court premises the then Hon'ble District and Sessions Judge (East) SH. Rakesh Tiwari Karkardooma Court had to issue a Circular vide no. 8858 - 8871 / D&SJ / (East) / KKD /Delhi dated 17-07-2018 under the heading printed at its top " MOST URGENT/ OUT AT ONCE " and the copy of the said circular obtained from the official website of the East District Court is enclosed as Annexure-12. Whereas the copy of the Circular dated 27-11-2020 vide no. 7144 - 7153 / PD&SJ (East) / KKD / Delhi enclosed herewith as Annexure- P13 shows that the respondents no. 1, 2, 3, 6, 7 and 8 here in this writ petition are also the Chairperson / In-Charge and Members of the Building Maintenance Committee KKD Courts Delhi. Hence, the aforesaid responsible authority concerned should launch a detailed investigation and then take strict legal action accordingly against all the members of the said ILLEGAL NEXUS exist between those corrupt employees And the non-practising Advocates as aforesaid so the said illegal nexus may come to an end and justice can be delivered to the aggrieved persons and also the proper safety of the life and assets of the practising Lawyers, court staffs, public at large and also to the judicial officers and their respective family members living in the adjacent accommodation inside the court premises can be ensured”